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S>'- MTHP OLLER GENERAL
DECISION OF THE UNITED STATES
WASHINGTON, 0. C. 20548
<,0 ao<,
FILE: B-201259 DATE: March 17, 1981
MATTER OF: Donation under 40 U.S.C. § 484(j) of surplus
personal property of Federal Prison Industries,
Inc.
DIGEST:
Prison Industries Fund, established by 18 U.S.C.
§ 4126 as operating fund of Federal Prison Industries
(FPI), constitutes permanent or continuing appropria-
tion even though amounts originally appropriated have
been returned to Treasury and Fund is self-sufficient,
in view of fact that statute authorizes deposit into
Treasury to credit of Fund of receipts for prison in-
dustries products and services and authorizes use of
such funds for operation of FPI. Surplus personal
property acquired by the Fund thus is donable under
40 U.S.C. § 484(j), since it does not constitute non-
appropriated fund property within meaning of regula-
tion excluding such property from donation (41 C.F.R.
§ 101-44.001-3).
The General Counsel of the General Services Administration (GSA)
asks whether surplus personal property under the control of Federal
Prison Industries, Inc. (FPI) may be disposed of by donation in accor-
dance with section 203(j) of the Federal Property and Administrative
Services Act of 1949, as amended, 40 U.S.C. § 484(j) (1976) (Federal
Property Act), and its implementing regulations, 41 C.F.R. Part 101-44
(1979).
Section 203(j)(1) of the Federal Property Act authorizes the
Administrator of General Services to transfer surplus personal proper-
ty under the control of any executive agency to State agencies for
donation to qualified recipients. It provides that, in determining
whether property is to be donated, no distinction shall be made be-
tween property capitalized in a working-capital fund under [what is
now 10 U.S.C. § 2208], or any similar fund, and any other property.
FPI, as a wholly-owned Government corporation (31 U.S.C. § 846 (1976)),
is included in the definition of executive agency for purposes of the
Federal Property Act. 40 U.S.C. § 472(a) (1976).
The regulations (41 C.F.R. § 101-44.001-3), following the statute,
define donable property in pertinent part as follows:
'Donable property' means surplus property under
the control of an executive agency (including sur-
plus personal property i.n working capital funds
established under 10 U.S.C. 2208 or in similar
management-tyqpe funds) except:](ViewImageLocal?handle=hein.gao/gaobadjfa0001&div=1&collection=&method=preview&ext=.png&size=3)